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Trendy Aussie handbag not a work of artistic craftsmanship, court rules
Intellectual Property 2020-11-10 12:53 pm By Christine Caulfield

The Australian maker of a trendy neoprene handbag sold at high-end retailers has lost a copyright lawsuit over alleged knockoffs, with a judge finding the tote was at most an “evolution in styling” and not a work of artistic craftsmanship with copyright protection.

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Class action beauty parade takes centre stage at High Court
Class Actions 2020-11-09 10:56 pm By Christine Caulfield

The eyes of class action lawyers will be on the High Court Tuesday as it hears arguments over a judge’s power to choose a single class action among competing proceedings and what, if anything, should be made of a case’s funding structure and likely returns to group members when picking a winner.

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COVID-19 lockdown challenge tossed by High Court
High Court 2020-11-06 11:39 pm By Christine Caulfield

The High Court has unanimously rejected a constitutional challenge against the Victorian government over its COVID-19 lockdown measures.

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Head of Chinese group charged under new foreign interference laws
White Collar 2020-11-06 3:52 pm By Christine Caulfield

A 65-year-old Melbourne man has become the first person in Australia to be charged with a foreign interference offence since new national security legislation was passed in 2018.

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Qantas engineers appeal COVID-19 stand down win for airline
Employment 2020-11-06 2:10 pm By Christine Caulfield

Aircraft engineers for Qantas are challenging a ruling that the airline had no “genuine choice” when it stood them down in March during the COVID-19 pandemic.

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Judge won’t hold separate hearing on survival of claim against late Banksia cost consultant
Class Actions 2020-11-05 1:12 pm By Christine Caulfield

A judge overseeing the misconduct trial in the Banksia Securities class action has rejected a bid by a lawyer for the deceased cost consultant in the case to separately determine whether a cause of action survives his death.

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Elaine Stead wants court to force AFR columnist to produce confidential source docs
Defamation 2020-11-04 3:37 pm By Christine Caulfield

Venture capitalist Elaine Stead wants Australian Financial Review columnist Joe Aston to hand over documents connected to confidential sources, and says Aston can’t rely on a journalist’s privilege protecting the identity of informants.

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Trivago loses appeal of ruling it misled consumers over hotel listings
Competition & Consumer Protection 2020-11-04 12:04 pm By Christine Caulfield

Hotel booking aggregator Trivago has lost its challenge to a court ruling that it misled consumers over its ranking of travel accommodation, in what the consumer regulator hailed as a win for consumers and a warning to comparison sites.

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Lawyer Alex Elliott ‘didn’t know any better’, Banksia class action trial hears
Class Actions 2020-11-02 10:36 pm By Christine Caulfield

The son of Banksia class action funder Mark Elliott, who has been accused of complicity in a fraudulent scheme to maximise the profits of the lawyers in the case, was young and inexperienced and didn’t know his father’s conduct was wrong, his barrister has told a court.

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Common fund order issue can’t be decided in ‘evidentiary vacuum’, NSW appeals court says
Class Actions 2020-10-30 11:06 pm By Christine Caulfield

The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court’s decision in a parallel case.

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